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HomeMy WebLinkAboutRES 15-001RESOLUTION NO. 15-001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Contract for Sale between the City of Beaumont and Monterrey Rentals LLC for the purchase of the property located at 2505 Sweetgum Lane in the amount of Three Hundred Twenty -Five Thousand and XX/100 Dollars ($325,000) through the Federal Emergency Management Agency (FEMA) Severe Repetitive Loss (SRL) Grant Program. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of January, 2015. FLOOD DAMAC,CU PROPERTY CO.NTRAcr FOR SALE THIS AGREEMENT is made and entered into this A2!day of _ �f.: „t �j4, , 201y, by and between the City of Beaumont a political subdivision of the State of Texas ("City"), and Monterrey Rentals LLC, ("Seller"), regardless of the number of signatories. City is acting under a FEMA Flood Mitigation Assistance (FMA) grant Administered by the Texas Watch Deveiopnteru Board (TWDR) and desires to purchase front Seller the Monterrey Apartments: A tract of land containing +/- 1.2£90 acres (i!- 56,150 square feet) of land area, improved with 32 -unit apavutient complex, containing a net rentable area oft18,208 square feet, and supporting; site improvements. Tire subject property is localecl at the southwest cornu of Swcetgw)i Lane and North 10th Street, in Beaumont, Jefferson County, Texas. The subject has a physical address of 2505 Sweeigum lane, Beaumont, Jefferson County, Texas 77703. Seller represents and understands: • The Premises is categorized by FEMA as a Severe Repetitive Loss (SRL) property; • Seller qualifies for the assistance being granted under die IMA grant; • The Seller has no obligation to sell the Premises under this program and does so voluntarily; and • That if Seller withdraws front this sale, City will not exercise its power of eminent domain but will release Seller front the loins and conditions ofthis Contract for Sale. The parties agree as follows: I . Seller agrees to sell the Premises described above to City for the sunt of $325,000.00 and to execute and deliver a good and suf icienl General Warranty Deed conveying marketable title to said Premises in fee simple, clear of all liens and cttcumbrah)ccs. 2. City agrees to pay Seller for said Premises the sum of $325,000.00 payable at closing after the acceptance of this Agreement and approval ofSeller's title. 3. Seller acknowledges that the price to be paid for the properly the cur eat fair inarket value of $325,000.00 with deductions for any insurance payment received by SELLER for structural damage from flood insurance of $0.00 and structural damage from wind insurance of$0.00 and $0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for ceitain repairs For which receipts were provided have been added. 4. Seller's proceeds frorn the sale of the Premises shall first be applied to satisfy all liens on the property, including real estate taxes, which are due and payable to the date of sculement. 5. Seller understands that Flood Mitigation Assistance funds being used for the purchase of the Premises cannot and will not duplicate benefits received by Seiler for the saute or from any other funds. Seller agrees to return any disaster aid monies received if such atonics amount to a duplicity of benefits. 6. Seller will execute all necessary documents to transfer good and marketable fee simple title to the Premises to City. Seller also agrees to execute now and in the future, any and all documents required by City and/or TDENI ie complete this transaction and to comply with City, state or federal regulations relaiing to the federal grants. 7. Seller will not, without prior written notification to and written approval received from City, remove any improvements on [ire Premises. Upon application to remove such improvements Seller must provide appraisals of such improvements as is required by City. The value of the improvements allowed to be removed by City, as unilaterally determined by City, will be deducted from the purchase price at closing or, if post closing, paid by Seller to City within ten (10) days alter removal. 8. Seller agrees that no fixtures, maierials or improvements to the real estate may be removed by Seller or by anyone acting under his direction or with his permission from the Premises. 9. Seller also agrees that due [o the price he is paid for the Premises and due to third pally liability concerns, he will not be permitted by City to salvage any materials now or at vinic of demolition. Should such materials be removed, the purchase price for the Premises will be reduced to correspond will) the fair market value of the Premises less the fair market value of the materials removed. 10. Seller understands this is a voluntary transaction. Accordingly, Seller iirrther understand that he is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. EXHIBIT "A" 1 L Seller acknowledges that Inc has had an opportunity to review this Contract for Sale, that he has had an opporlumly, if he so chose, to engage the services of an attorney of his choice to review this document, that lie has executed this Contract for Sale fully understanding its terms and conditions and the nature thereof and that he Saves and Holds Harmless City and TWDB incurred by Seller as a result of executing this Contract for Sale, and/or 6or selling the Premises to City. 12. This Contract for Sale is binding upon Seller's and City's heirs, executors, successors and assigns. llATEDthis/_"lrtdayof L��-t'l��Jt'Y 2014, 61/ Seller Signature__,____._ Montcrrelltentals LLC Seller Printed Name City of Beaumont BY;